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Legal Updates & Insights

  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Michael Hodson, Director of Asset Management Supervision in the Central Bank gives speech in relation to MiFID II On the EU Front: European Supervisory Authorities publish statement on variation margin exchange

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Michael Hodson, Central Bank Director of Asset Management Supervision gives speech on fund management company effectiveness and Central Bank supervisory & thematic priorities. On the EU Front: Joint Committee of ESAs consults on PRIIPs with environmental or social objectives; IOSCO report on loan funds survey

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: Central Bank publishes Policy Statement on variable remuneration for Irish Less Significant Institutions and CRD IV Investment Firms. On the EU Front: Regulatory technical standards supplementing the Capital Requirements Regulation are published; Single Resolution Board publishes 'Approach taken in 2016 and next steps'

    Finance
  • Article

    Senior Managers & Certification Regime: Additional Requirements to come into effect next week

    In March 2016, a new regulatory framework came into force with the aim of increasing individual accountability within relevant authorised firms, namely: banks, building societies, credit unions, and PRA designated investment firms.

    Belfast
  • Article

    Supreme Court confirms no recovery for non-pecuniary loss

    In a recent case, Murray v Budds & ors [2017] IESC 4 the Supreme Court reviewed the law concerning recovery of damages for non-pecuniary loss (i.e. emotional distress) for breach of contract.

    Commercial Contracts
  • Article

    Comparative advertising based on prices between shops of different formats and sizes may be unlawful

    In Carrefour Hypermarchés SAS v ITM (Case C-562/15) the Court of Justice of the EU (CJEU) ruled that comparative advertising based on prices of products sold in shops having different formats and sizes is liable to be unlawful and misleading, unless consumers are informed clearly in the advertisement itself of the difference in the formats and sizes of the shops.

    Commercial Contracts
  • Article

    The Front Page, Asset Management & Investment Funds: EU & International Developments

    On the International Front we look at the EU Commission consultation on the Capital Markets Union Mid-Term Review; the ESMA supervisory convergence work programme for 2017...

    Asset Management & Investment Funds
  • Article

    The Front Page, Asset Management & Investment Funds: Irish Practice Developments

    In Irish practice developments: Some Approaching Deadlines; Central Bank update of its EMIR Q&A in respect of the 1 March 2017 deadline for exchange of variation margin; 2 speeches by Michael Hodson; Central Bank Director of Asset Management Supervision...

    Asset Management & Investment Funds
  • Article

    The Front Page - Q&A: February 2017

    Does the recent ESMA Opinion on Share Classes have direct application to Irish authorised UCITS?

    Asset Management & Investment Funds
  • Article

    Keeping People in their Homes Bill 2017

    Keeping People in their Homes Bill 2017 is a private members bill and was presented to the Dail last Thursday by a member of the Independent Alliance.

    Disputes
  • Article

    State aid should be an important element in the Brexit negotiations

    Addressing the annual Competition Law and Transport Conference in Amsterdam recently, EU Law expert and Partner in A&L Goodbody, Dr Vincent Power, called for State Aid to be a key consideration in the forthcoming Brexit negotiations.

    Brexit
  • Article

    High Court Refuses to Review Rejections of Personal Insolvency Arrangements

    In two recent decisions the High Court considered the provisions of Section 115A(9) of the Personal Insolvency Acts 2012 to 2015 (The Acts). The Section provides that a Court can give effect to a Personal Insolvency Arrangement (PIA) despite it having been rejected by creditors.

    Finance